INSTRUCTIONS FOR INMATE RELEASE FORMS
BASED ON SMITH BENO QUASH

(Ask the warden for the Notice of Inmate Appeal form.)

 

PAGE 1 information needed

 

Name of appellant: __________

Place of trial: __________

Name of Court: __________

Name of Judge: __________

Offence of which convicted: CDSA Sections __________

Plea at trial: __________

Date of conviction: __________

Sentence imposed: __________

Date of imposition of sentence: __________

Name and address where appellant in custody: ______________

 

I, the above named appellant, hereby give notice that I

desire to appeal to the Court of Appeal on a question of law

alone against my conviction and sentence on the grounds

hereinafter set out in this notice. I desire to present my

case and argument by way of appeal in person.

Dated this day: __________________________

Signature Appellant __________________________

 

(Or you can say "in writing" instead of "in person" if you don't want to go to the release hearing in Toronto)

 

PAGE 2

 

(If you have passed the 30 days within which to appeal, you ask for an extension of time which is on the form under:

 

NOTES:

APPLICATION FOR EXTENSION OF TIME

I hereby apply for an extension of time...

 

(Under that, you then write:)

 

APPLICATION FOR RELEASE PENDING APPEAL

I hereby apply upon 3 days notice for a release pending this appeal upon the grounds my court was unaware of
a) S.43 of the Interpretation which rebuts the Hitzig decision that repealing the defective parts of the MMAR exemption regime revived the prohibitions on Possession and Production of marijuana in S.4 and 7 of the CDSA that had been struck down in the Parker and Krieger decisions without Parliament;
b) i) the decision by the Supreme Court of Canada in R. v. Smith [2015] declaring the MMAR seriously deficient. Just as the Hitzig "Bad Exemption" [2003] by regulated Mis-Supply meant there was "No Offence" in force since Aug 1 2001 absent an acceptable medical exemption when J.P. was charged; so too, the Smith Worse "Bad Exemption" [2015] by regulated Mis-Use means there was "No Offence" in force since Aug 1 2001 absent an acceptable medical exemption when the Accused herein was charged; this Court is bound by the Ontario Court of Appeal's J.P. precedent to declare that NO OFFENCE was in force while the Smith BAD EXEMPTION existed since Aug. 1 2001, the same as Hitzig, on Terry Parker Day.
ii) the decision by the Federal Court in Allard v. HMTQ [2016] declaring the MMPR unconstitutional in its entirety. The Prohibitions were invalid while the MMPR was unconstitutional between April 1 2014 and Aug 24 2016.

 

Signed: _________________ Date: ________________


http://johnturmel.com/getout.pdf are the grounds to include.

 

John "MedPot Engineer" Turmel Tel:519-753-5122 http://johnturmel.com  http://johnturmel.com/kotpmari.htm 

http://facebook.com/john.turmel  


johnturmel@yahoo.com
50 Brant Ave. Brantford N3T 3G7 Tel: 519-753-5122 Cell: 519-717-1012

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